HB 1792-FN - AS AMENDED BY THE SENATE
05/14/2026 1779s
2026 SESSION
26-2440
12/08
HOUSE BILL 1792-FN
AN ACT relative to the prohibition on teaching discrimination.
SPONSORS: Rep. Belcher, Carr. 4; Rep. Noble, Hills. 2; Rep. Osborne, Rock. 2; Rep. Corcoran, Hills. 28; Rep. Sabourin dit Choiniere, Rock. 30
COMMITTEE: Education Policy and Administration
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AMENDED ANALYSIS
This bill requires that educators must act purposefully in academic instruction in order for their actions to constitute teaching discrimination. This bill also removes the ability for aggrieved parties to both initiate a civil action against a school or school district and to pursue a remedy through the New Hampshire commission for human rights.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/14/2026 1779s 26-2440
12/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to the prohibition on teaching discrimination.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prohibition on Teaching Discrimination; Purposeful Mental State Added; Civil Remedy Removed. RSA 193:40 is repealed and reenacted to read as follows:
193:40 Prohibition on Teaching Discrimination.
I. No pupil in any public school in this state shall be purposefully taught, instructed, inculcated or compelled to express belief in, or support for, any one or more of the following:
(a) That one's age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin is inherently superior to people of another age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin;
(b) That an individual, by virtue of his or her age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
(c) That an individual should be discriminated against or receive adverse treatment solely or partly because of his or her age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin; or
(d) That people of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin cannot and should not attempt to treat others without regard to age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin.
II. Nothing in this section shall be construed to prohibit discussing, as part of a larger course of academic instruction, the historical existence of ideas and subjects identified in this section.
III. Purposeful violation of this section by an educator shall be considered a violation of the educator code of conduct that justifies disciplinary sanction by the state board of education.
IV. For the purposes of this section, "educator" means a professional employee of any school district whose position requires certification by the state board pursuant to RSA 189:39. Administrators, specialists, and teachers are included within the definition of this term.
2 Effective Date. This act shall take effect September 1, 2026.
26-2440
05/18/2026
HB 1792-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2026-1779s)
AN ACT relative to the prohibition on teaching discrimination.
FISCAL IMPACT:
This bill requires that educators act purposefully in academic instruction for their conduct to constitute prohibited teaching discrimination. The bill also removes the ability of aggrieved parties to bring a civil action against a school or school district or seek relief through the New Hampshire Commission for Human Rights. This bill is not expected to result in any direct fiscal impacts.
AGENCIES CONTACTED:
Department of Education
| Date | Amendment |
|---|---|
| Feb. 18, 2026 | 2026-0820h |
| April 29, 2026 | 2026-1744s |
| May 14, 2026 | 2026-1779s |
| Date | Body | Type |
|---|---|---|
| Feb. 2, 2026 | House | Hearing |
| Feb. 4, 2026 | House | Exec Session |
| Feb. 4, 2026 | House | Floor Vote |
| March 10, 2026 | Senate | Hearing |
| March 17, 2026 | Senate | Hearing |
| May 7, 2026 | Senate | Floor Vote |
| May 7, 2026 | Senate | Floor Vote |
| May 14, 2026 | Senate | Floor Vote |
May 21, 2026: House Non-Concurs with Senate Amendment 2026-1779h (Rep. Noble): MA VV 05/21/2026 HJ 14
May 21, 2026: House Concurs with Senate Amendment 2026-1779s (Rep. Noble): MF RC 127-222 05/21/2026 HJ 14
May 14, 2026: Ought to Pass with Amendment # 2026-1779s, MA, VV; OT3rdg; 05/14/2026; SJ 12
May 14, 2026: Sen. Abbas Floor Amendment # 2026-1779s, RC 15Y-8N, AA; 05/14/2026; SJ 12
May 14, 2026: Committee Amendment # 2026-1744s, AF, VV; 05/14/2026; SJ 12
May 7, 2026: Committee Report: Ought to Pass with Amendment # 2026-1744s, 05/14/2026, Vote 3-2; SC 18
May 7, 2026: Special Order to 05/14/2026, Without Objection, MA; 05/07/2026 SJ 11
April 29, 2026: Committee Report: Ought to Pass with Amendment # 2026-1744s, 05/07/2026, Vote 3-2; SC 17
March 10, 2026: ==RECONVENE== Hearing: 03/17/2026, Map Room, SL, 09:15 am; SC 10
March 3, 2026: ==RECESSED== Hearing: 03/10/2026, Map Room, SL , 10:30 am; SC 9
Feb. 25, 2026: Introduced 02/19/2026 and Referred to Education; SJ 5
Feb. 19, 2026: Referral Waived by Committee Chair per House Rule 47(f) 02/19/2026 HJ 5 P. 112
Feb. 19, 2026: Referred to Finance 02/19/2026 HJ 5 P. 62
Feb. 19, 2026: Ought to Pass: MA RC 184-164 02/19/2026 HJ 5 P. 59
Feb. 10, 2026: Minority Committee Report: Inexpedient to Legislate
Feb. 10, 2026: Majority Committee Report: Ought to Pass 02/04/2026 (Vote 9-8; RC) HC 7 P. 30
Feb. 10, 2026: Executive Session: 02/04/2026 02:00 pm GP 232
Jan. 28, 2026: Public Hearing: 02/02/2026 02:00 pm GP 232
Dec. 17, 2025: Introduced 01/07/2026 and referred to Education Policy and Administration HJ 1 P. 36